• August 09, 2022

Rodolfo Martinez Killed in Pedestrian Accident on Post Oak Rd in Houston, TX

Houston, TX — March 23, 2022, 58-year-old pedestrian Rodolfo Gallardo Martinez was killed in a traffic accident on Post Oak Road in Houston.

According to reports the incident happened around 9:25 p.m. on Post Oak near South Sam Houston Parkway. Preliminary investigation suggests a Freightliner tractor-trailer was traveling west on the Sam Houston feeder road when the driver used the U-turn lane at Post Oak to turn around toward the eastbound feeder. Nearby, Martinez was walking south by the curb of the U-turn lane and allegedly failed to yield to the passing truck. Reports say he was fatally struck by the semi-trailer and was pronounced dead at the scene.

Blood tests performed on Martinez showed he had a blood-alcohol concentration (BAC) of .25 at the time of the accident. The truck driver was found not impaired by investigators at the scene.

No further information is available at this time.

Commentary on Rodolfo Martinez Accident in Houston

It may not seem too important to know if the pedestrian was intoxicated after an accident like this. He wasn't driving and is now beyond the law's reach, so why even check for that aside from making sure the report is thorough? Actually, that detail may make things more complex than some realize.

Knowing that the victim in this case was over three times the legal limit for intoxication, I can't help but wonder if that had anything to do with his alleged failure to yield to the big rig. If impairment affected his judgment and reflexes, and was thus partly responsible for his tragic injuries, then Texas dram shop law might have something to say about the negligence of whoever served him drinks that night.

Rodolfo Martinez Killed by 18-wheeler in Accident on Post Oak Rd in Houston, TX

Here's an example: Not long ago a family came to me about a loved one who was hit and killed by a car after he walked onto a freeway ramp. They didn't understand how or why he got there and asked us to look more closely. Our investigations revealed that he spent that day drinking at a bowling alley, which illegally kept serving him drinks despite his obvious intoxication. Because the bar served him far past his limits and he wound up in a fatal accident while too drunk to act safely, the business was liable for their role in his death under Texas dram shop law.

Not every alcohol-related accident starts with a dram shop violation, and it's possible nothing of the sort happened before the victim ended up on the road in Houston. However, since it's also possible that a) a bar or other business played a role in the accident and b) that bar may have a duty to help the victim's family after their loss, then investigating it further should at least be considered.

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